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Birth Injury: What Does a Birth Injury Lawsuit Include?

lawyers for birth injuries

It’s a new parent’s worst nightmare if their child suffers during the delivery. Unfortunately, sustaining a serious birth injury is not uncommon — according to the Centers for Disease Control and Prevention (CDC), inadvertent injuries are a leading cause of 541 infant deaths per 100,000 live births.

If it is found to be a preventable birth injury, the parent may have a strong birth injury claim. We will walk you through what a birth injury is and what it includes.

What Do We Mean by Birth Injury?

A child’s birth injury is any injury inflicted upon a baby during childbirth. However, a lawsuit is generally filed for only the most serious injuries, such as brain damage or cerebral palsy.

There are many types of birth injuries, and they can be caused by various things during birth. Potential causes include medical error, medical negligence by the involved medical professionals, or even abnormalities in the birth canal during the natural birthing process. In some cases, the cause of a birth injury may never be determined.

What Constitutes a Birth Injury?

During delivery, the child is at risk for severe injuries. For example, a complication like oxygen deprivation can cause brain injury and cerebral palsy. Physical trauma, like being pulled or stretched during a difficult childbirth, can cause spinal cord injuries and brachial plexus palsy.

Sometimes, a birth injury may not be apparent immediately after the baby is born; it may take days, weeks, or even months for the full extent of the damage to be known.

For a birth injury to be considered medical malpractice, it must have been caused by medical errors or negligent medical care by health care providers. It’s crucial to preserve your copy of your child’s medical records, as this can become critical evidence when you file a birth injury case later on.

If you believe your child’s injury occurred because of the medical provider’s negligence, it is crucial to speak with an experienced birth injury lawyer as soon as possible. They can help you understand the legal process and whether you may be entitled to financial compensation.

Who Are the Best Lawyers for Birth Injuries?

There are a few different types of lawyers who handle birth injury cases, including:

  • Medical malpractice lawyers: These lawyers represent clients who have been injured by the negligence of a medical professional and birth-related medical malpractice. They excel in medical malpractice lawsuits.
  • Birth injury lawyers: These lawyers specifically handle birth injury claims involving injuries during pregnancy, labor, and delivery.
  • Cerebral palsy lawyers: These lawyers represent clients with children who have cerebral palsy.

Finding an experienced birth injury attorney who can help you initiate a birth injury lawsuit within the statute of limitations is important. A lawyer can help you recover the hefty medical expenses incurred by medical negligence.

Need Birth Injury Lawyers? Contact Rossetti & DeVoto Today!

The experienced birth injury attorneys at Rossetti, DeVoto, PC have a proven track record of success. We have helped countless families file birth injury lawsuits and recover the compensation they deserve for their child’s injuries.

Our birth injury lawyers strive to get the best possible outcome for families affected by serious injuries during birth. Contact any of our New Jersey law firms today for a free consultation.

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Rossetti & DeVoto

Lou DeVoto and Andy Rossetti have been included in the New Jersey's Best Lawyers list for Personal Injury Litigation. This is the 16th year in a row that each attorney has been listed in the elite rankings.

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Rossetti & DeVoto, PC was included in the latest listing of the Bar Register of Preeminent Lawyers by Martindale-Hubbell, a ranking of distinguished law firms in America. Fewer than 5% of all law firms are included in the Bar Register.

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